Sociétés et Jeunesses en Difficulté (Dec 2018)
Le droit d’asile des mineurs non accompagnés dans l’Union européenne. Questions liées à leur représentation
Abstract
Non attended minors searching for an asylum right are more and more numerous in the European Union. So as to obtain a refugee status such minors have to prove, just like their older people, that they risk serious problems if they ever return to their country of origin. If a young person stands without official papers, he must also prove he is a minor. But the technics in use by national authorities are far from being without gaps and deficiencies. In Europe, a legal representative has to be nominated. He will assist the vulnerable minor to take the numerous steps asked by national authorities. The minor’s representative must warrant the child’s superior interest. Common norms are derived from European directives, they concern the competences and the missions of the minor’s representative. Nevertheless, each State has a large panel of solutions: thus competences are widely different from one State to another. So the variety of national solutions influences the efficiency of the whole system. The effectiveness of the adopted rules is then imperfect and minor’s protection still includes numerous gaps.
